From: ur-valhalla!flinet.com!toaster (Thomas Burns)
Subject: Duke letter, Oct09, 1995
Message-ID: <199511141628.LAA28234@ns1.flinet.com>
Date: Tue, 14 Nov 1995 11:28:37 -0500
October 09, 1995
SENATOR DUKE
(719) 481-9289
By Senator Charles R. Duke
Colorado District 9
AT LAST, A BILL WE CAN LOVE
There is so much about government, both state and federal, that
needs correcting these days. The deviations from our Constitution
seem so large, we sometimes miss it when something good happens.
Still, there are constitutionally good things happening around
the country, and most of these ideas owe their origin to Colorado's
first Tenth Amendment Resolution, which I sponsored and the people
browbeat the Colorado Legislature into passing. Since then, nineteen
other legislatures have joined Colorado's in reclaiming their
respective states' sovereignty by adopting a similar resolution.
Many of the people assisting in the now national State
Sovereignty Movement also opposed the Conference of the States (COS).
So far, in 1995, our latest count shows 28 states that have either
rejected this attempt to subvert our Constitution or have adjourned
without taking action. The COS has been replaced by a Federalism
Summit to be held in Cincinatti, Ohio, on October 22. The COS has
been stalled at at least for this year. But we can expect this
Phoenix to rise from the ashes next year as special interests pour
millions into "convincing" the legislators how to vote.
In Montana, a bill was introduced to require any federal agent in
pursuit of a suspect to first register with the local county sheriff.
In Oklahoma, a bill cleared the Oklahoma House of Representatives to
allow Oklahoma to collect all federal taxes, including federal income
taxes. In Arizona, it is now state law that freon is an acceptable
refrigerant again. In Indiana, a bill cleared the Senate to allow
Indiana to deduct Indiana's allotment for school funding from the
federal income taxes collected from state employees. And in
Washington State, a citizen's initiative is underway to allow elected
officials to be tried for treason if said official violates his or her
oath of office.
The best news I've heard in a long time arrived by fax recently
and it comes, of all places, from Congress. Rep John Shadegg (R-AZ),
introduced, on September 12, 1995, the Enumerated Powers Act. The
bill, H.R. 2270, states as its purpose, "To require Congress to
specify the source of authority under the United States Constitution
for the enactment of laws, and for other purposes."
The bill cites as its own authority Article I, section 8, clause
18 of the United States Constitution. The body of the bill is just as
a constitutionist would want it to be and goes as follows, "(a) A
constitutional authority clause shall follow the enacting clause of
any Act of Congress or the resolving clause of any joint resolution.
The constitutional authority clause shall be in the following form
(with appropriate modifications and appropriate matter inserted in the
blanks): 'This Act (or resolution) is enacted pursuant to the power(s)
granted to the Congress under Article(s)____, section(s)____,
clause(s)____ of the United States Constitution.'"
No, you are not dreaming. If H.R. 2270 passes, every bill or
resolution introduced in Congress must cite the constitutional
authority for the legislation. It is sponsored in the Senate by
Senator Spencer Abraham (R-MI) and has been assigned to the House
Judiciary Committee.
It is similar in concept to Colorado's SB 94-157, now state law,
which requires any state agency seeking funding to implement a federal
mandate to include in its budget request the constitutional authority
for the mandate. This language I helped construct when S.B.94-157 was
being drawn up. A future column will deal with the results of S.B.94-
157.
H.R.2270 is not likely to ever see the light of day unless at
least 218 members of the U.S. House of Representatives sign on to a
discharge petition. This, in essence, is a parliamentary document to
force a committee chairman, in this case Rep. Henry Hyde (R-IL), to
not only schedule the bill for a hearing, but then to release the bill
to the full House for debate.
Every person reading this column should contact immediately his
or her own U.S. Representative and, politely but firmly, insist that
said representative sign on to the discharge petition. For good
measure, consider contacting, by phone and letter, all representatives
in your state. Only significant public pressure will get this bill
out of committee. It will be a great campaign litmus test for the
elections of 1996. It is the best chance we have ever had to see our
Constitution restored; we can only pray it is not the last.
End
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HR2270 is a great idea. In fact, i thought they already had to cite
where their authority came from. Please write your representative a
personal letter (with your own handwriting!) and ask them to sign on
to the discharge petition!
Thomas Burns
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